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Wrongful Death
One of the worst possible outcomes of negligence is an accidental death. Though the law can’t undo such a tragedy, it does provide avenues for justice in the form of wrongful death litigation.
Wrongful death is a broad, sometimes complex category of litigation. Read our full guide to learn more about the legal ramifications of wrongful death here.
What can an Oregon wrongful death attorney do?
Although a wrongful death claim can never compensate for the loss of a loved one, it can assist with the loss of income and financial burden many families are left with. The Oregon wrongful death attorneys at Nelson MacNeil Rayfield work with families to pursue fair compensation for:
- Medical expenses prior to death
- Loss of future wages and financial support
- Physical pain prior to death
- Lost companionship
- Mental anguish
- Funeral expenses
Navigating any personal injury claim can be a challenge. That challenge is doubled when coupled with the emotional loss of a loved one. At Nelson MacNeil Rayfield, we handle your case with the compassion you deserve and the expertise that will set you on the right path.
Contact Nelson MacNeil Rayfield for a free legal consultation.
What Constitutes Wrongful Death Under Oregon Law?
An Oregon wrongful death claim is essentially a negligence personal injury claim that has resulted in a death. Although a variety of unsafe and negligent acts can lead to wrongful death, some of the more common causes of wrongful death include medical malpractice, auto, car, and bicycle accidents, and product liability.
Wrongful death claims in the state of Oregon have a three-year statute of limitations, meaning you or your lawyer must settle your case or file a lawsuit within three years of the incident. Although a wrongful death claim can never compensate for the loss of a loved one, it can assist with the loss of income and financial burden many families are left with.
The trusted Portland, Corvallis, and Albany lawyers at Nelson MacNeil Rayfeild work with families to recover compensation for:
- Medical expenses prior to death
- Loss of future wages and financial support
- Physical pain prior to death
- Lost companionship
- Mental anguish
- Funeral expenses
What Makes Us Different
With over 70 years of collective legal and trial experience, our wrongful death attorneys will answer your questions at no cost, help point you in the right direction, or if need be, represent you and your wrongful death claim in court.
A successful claim requires a legal team that understands the intricacies of wrongful death in the eyes of the law, ranging from thoroughly investigating the claim to understanding the state-by-state regulations for filing. At Nelson MacNeil Rayfield, we know the law as it pertains to civil negligence and wrongful death. In your free consultation, we’ll work side-by-side with you to help you parse the legalese and find the information you’ll need to pursue your claim.
It’s essential that you work with a reputable wrongful death law firm with attorneys who are understanding, compassionate, and willing to fight on your behalf. When choosing a law firm to handle your Oregon wrongful death case, look out for:
- Experience you can trust
- Specialty in wrongful death litigation
- Satisfied clients
- Fair fee structure
- Ethics
- Responsiveness
Information You Should Know
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Commonly Asked Wrongful Death Legal Questions
Under ORS 30.020, any legal action regarding a wrongful death case must be handled by the estate’s personal representative. These actions must be taken in order to properly serve the deceased’s beneficiaries. Under Oregon law, statutory beneficiaries include the spouse, children, parents, or any other person that the deceased has legally named as such.
The Oregon wrongful death statute claims that personal representatives are entitled to seek and recover money relating to expenses incurred from medical bills, burial and memorial services, and, potentially, lost wages that accrued between an injury and death of the deceased.
The personal representative may also attempt to claim money that the deceased may have earned in the future throughout their life, losses in insurance coverage, pension, or related pecuniary costs.
Finally, the statute allows a beneficiary to be compensated for “loss of society and companionship” in an amount that must not exceed the cap of $500,000.
What you might be able to seek compensation for may seem confusing to sort through. That is why the experienced Corvallis, Albany, and Portland wrongful death attorneys at Nelson MacNeil Rayfield are here to answer your questions, including how to deal with insurance claims and what evidence you might need to gather in order to prove your case.
In a civil lawsuit, such as one dealing with wrongful death, the ‘burden of proof’ is a shorter way of saying ‘a preponderance of the evidence’ – basically, proving that something is more likely true than not true. It is the plaintiff’s job to prove this.